Santa Rosa and Sacramento, California Personal Injury Blog | Teal Montgomery & Henderson

Facts About Pedestrian Injuries and Fatalities

2012-04-02T12:37:53Z

According to statistics compiled by the National Highway Traffic Safety Administration (NHTSA), in 2009 almost 11 people a day, or 4,092 pedestrians, were killed. Pedestrian injuries happened at a slightly higher rate-one injury per nine minutes, or 59,000 injuries.

As pedestrian fatalities decreased 22 percent overall between 1998 and 2009 and injuries decreased 14.5 percent, it would seem that it is safer to walk today than it was 10 years ago. However, according to experts, this may not be the case. Research into hospital records reveals that police record a very small percentage of pedestrian accidents caused by motor vehicles. This makes it very likely that the actual number of injuries is much larger.

Where and When it is Most Dangerous to Walk

At first glance, it is not surprising that pedestrians in the more heavily populated states of California, Texas, Florida and New York are more at risk-pedestrian accidents in these states represent 41 percent of pedestrian fatalities. However, when all types of fatalities, pedestrian-related and others are included in the calculations, only five percent of all types of traffic fatalities nationwide occur in these states.

]]> Statistics from NHTSA and the Insurance Institute for Highway Safety demonstrate that males are more likely to be killed as pedestrians. Males represented 69 percent of pedestrian fatalities in 2009.

Statistics show that certain days of the week are more dangerous than others. Friday, Saturday and Sunday are the most deadly days to be a pedestrian; 16, 17 and 15 percent of pedestrian fatalities respectively occur on these days.

An Attorney Can Help

The law requires that drivers take all reasonable precautions to avoid injuring pedestrians. However, with the prevalence of mobile devices being used in vehicles, some drivers do not do what the law requires of them. If you or a loved one have been injured by a negligent driver, you may have a right to compensation. An experienced personal injury attorney can evaluate your situation and assist you in recovering compensation for your injuries.

Study Looks at Potential for Failure to Diagnose Breast Cancer

2012-03-05T13:16:42Z

A recent study published in the Annals of Internal Medicine looked at the timing and frequency of mammogram screening to detect breast cancer in women between the ages of 40 and 49. Failure to diagnose breast cancer at an early stage can make a significant difference for the success of a woman's medical treatment.

The authors of the study, who are affiliated with cancer centers around the country, acknowledge that despite decades of experience with this diagnostic method, guidelines for screening mammography continue to generate confusion among patients and controversy among medical professionals. They note that current mammography guidelines are based on average-risk patients and do not take costs into account.

Lead author Dr. John Schousboe told USA Today that "It is appropriate for women when deciding how often to get a mammogram to make that decision based on how high their risk is." Relevant risk factors cited by the study include family history of breast cancer, breast tissue density and a woman's personal breast biopsy history.

]]> The study concluded with "moderate certainty" that the net benefit of widespread screening is small for women who are in their 40s. They also found that rates of false-positive results are twice as high as they are for older women, and cited concerns about overdiagnosis and overtreatment.

Women who seek professional medical advice at any stage of life deserve experienced insights and recommendations for diagnosis and treatment that aren't merely cost-driven. When breast cancer misdiagnosis leads to delays, additional surgeries, lost income and other damages, our California medical malpractice attorneys can explain your legal options.

Medicare Director Works to Reduce Hospital Errors

2012-02-13T13:54:07Z

Hospital errors are an all too common occurrence. According to a 2010 federal government report, one in seven Medicare patients is harmed during a hospital stay.

These errors aren't just costly. They harm - and sometimes even take - innocent lives.

In an effort to change this alarming pattern, Dr. Donald Berwick, the nationwide steward for Medicare and Medicaid, is leading a reform effort designed to reduce instances of medical negligence and other errors.

Hospital Error Causes and Cures

Medical errors can take a variety of forms and happen for a number of different reasons. Sometimes, nurses and doctors are overworked or overtired and fail to notice a sign or a symptom they otherwise would.

In other cases, confusing packaging can lead to the administration of an incorrect medication. As an example, one hospital experienced a disturbing trend of infant deaths because nurses were mistakenly administering epinephrine instead of vitamin E. Both came in brown bottles with similar blue and beige labels.

]]> Distraction is another common cause of medical errors. One Georgia hospital noticed that distracted nurses were making a number of dangerous mistakes and, in response, instituted a "quiet zone" where nurses can place orders without being distracted. As a result, medication errors have dropped by two-thirds.

Dr. Berwick is pushing hospitals to adopt similar safety measures. So far, he has helped a hospital system in Texas nearly eliminate birth injuries. He also helped a Pittsburgh hospital system reduce infection rates for hip and knee replacement to near-zero.

California Medical Malpractice Lawsuits

Although these reductions are certainly good news, medical errors still occur with relative frequency. Victims are often left with disabling injuries, lost wages and a stack of expensive medical bills. In the worst cases, they do not survive.

Victims of hospital errors may have the ability to recover for their injuries by pursing a medical malpractice lawsuit.

If you have been injured by a hospital error, medication error or other form of medical negligence, talk to a medical malpractice attorney who can help you understand your options.

California Nursing Home Fined for Resident's Death

2012-01-02T13:17:44Z

Negligence has been a common theme for the Orchard-Post Acute Care (previously known as Royal Court Health Care) nursing home in Whittier, California. From 2006 to 2011, this private, 162-bed "care" facility, which serves as both a temporary and long-term elder residential facility, has received 63 citations from the California Department of Public Health (CDPH).

Inexcusable Negligence

One of the most notorious incidents in the facility's history involved the death of a 78-year old Alzheimer's patient in 2008. At the time of his admission, he was recovering from a stroke, but he suffered severe injury when nursing home staff inserted his feeding tube incorrectly. According to the report by the CDPH, workers at the facility inserted the man's feeding tube into his peritoneal cavity - located outside of the stomach - instead of into his stomach.

Staff took the man to the emergency room after he complained of abdominal pain and doctors discovered that the lining of his abdomen was inflamed, causing difficulty breathing, and that he was in septic shock. Six days later, the man died of his injuries.

CDPH levied a $75,000 fine against Orchard-Post Acute Care Center for the incident.

]]> Orchard-Post Acute Care has received two out of five stars in the federal Nursing Home Compare rating system. And yet, despite the poor rating and repeated citations from the CDPH, facility administrator Rich Jorgensen remains confident in the nursing home and its "high level of care" for patients and residents. Jorgensen later stated that he would trust putting his mother under their care and supervision.

An Attorney Can Help

Potential nursing home residents and their families should do careful research before choosing a long-term care facility. If you or a loved one has suffered injury because of nursing home negligence, contact an experienced personal injury attorney. A personal injury lawyer can assess your case and help you get the compensation for your injuries you deserve. For more information, contact an attorney today.

Traffic Deaths Fall as Road Safety Campaigns Raise Awareness

2011-12-02T13:38:16Z

Established by the Highway Safety Act of 1970, the National Highway Traffic Safety Administration (NHTSA) has worked to promote motor vehicle and highway safety. For decades, the agency has monitored car crash statistics and trends and announced that for 2010, traffic fatalities were at their lowest levels since 1949.

Reporting a 3 percent drop in traffic-related deaths between 2009 and 2010, the NHTSA believes that a number of safety initiatives may be directly responsible. However, experts are concerned that other factors may have contributed, and that the results are not consistent across the country.

Safety Initiatives

Many drivers are aware of various national programs to promote safer driving habits. For passenger vehicles, enforcement efforts such as "Click It or Ticket," as well as impaired and distracted driving campaigns, have educated the public about the perils and consequences of irresponsible driving.

For commercial vehicle operators and those in the trucking industry, the newly implemented Compliance Safety Accountability and increased law enforcement efforts have helped reduce crashes involving large trucks and buses.

States have enacted tougher driving laws that deal with the unanticipated risks of the nation's technology-driven social culture. Laws regarding texting and other mobile device usage have made a difference. States have also implemented tougher penalties for impaired driving along with graduated driving privilege standards for inexperienced drivers and improved renewal standards for the elderly.

]]> Law enforcement and legislators are not the only stakeholders making significant improvements in roadway safety. Automakers have begun to comply with stricter rating system standards, such as rear cameras and motion sensors that enhance pedestrian and cyclist safety.

Inconsistent Results and Mitigating Factors

Still, at least one state, Pennsylvania, has reported a significant increase of 5.4 percent in state traffic fatalities. For the Keystone State, 1,324 roadway deaths occurred on state roads, which was up from 2009. Seat belt violations and younger and inexperienced drivers were factors contributing to the increase.

Some experts note that the overall drop in fatalities corresponds to the nation's slow economic recovery. Review of NHTSA data showed a marked increase in the latter half of the year, which corresponded with an increase in miles traveled.

While decreases in human loss on our nation's roadways is good news, still more work needs to be done to stop preventable crashes. Time will tell if current initiatives will continue to save lives and make our roads safer.

Pregnancy and Prescriptions: What are the Dangers?

2011-11-04T12:17:16Z

While pregnancy is ordinarily a joyful time for expectant parents, it can also be stressful. Pregnant women need to be mindful of the growing list of prescription medications that have been deemed unsafe during pregnancy.

All drugs and chemicals ingested by the mother during pregnancy have the potential to cross the placenta - which provides oxygen and nutrients to the unborn baby from the mother - and some medications that are normally completely safe may cause harm to the unborn baby.

The Federal Drug Administration (FDA) uses a ranking system that helps doctors and pregnant patients decide which medications are safe. Medications are ranked into categories according to the known risk to unborn babies, and this list is growing longer.

The FDA recently strengthened its warning that the prescription medication topiramate, sold under the brand name Topamax, increases the risk of pregnant women having babies with cleft lips or cleft palates. Topamax is taken for migraines and seizures.

]]> The FDA also recently added antipsychotic drugs such as Haldol, Zyprexa, Seroquel, and Abilify, warning that these medications could cause babies to suffer withdrawal symptoms - such as agitation and difficulty breathing and feeding - for hours or days after birth when their mothers took the drug while pregnant. The FDA also warned pregnant women not to use Terbutaline, a drug used to treat asthma and halt preterm labor, because it can cause maternal heart problems or even death.

Also last month, the Centers for Disease Control and Prevention warned that pregnant women should not take pain relievers containing opioids, such as Vicodin, OxyContin and Tylenol with codeine, just before conception or in early pregnancy, because it increases the risk of congenital heart defects, glaucoma and other problems.

There is a lack of safety information as to many drugs, because of ethical problems associated with exposing pregnant women and fetuses to unknown risks in trials used to test the safety of drugs. Yet studies show that 64 percent of expectant mothers take a prescription medication while pregnant, and take three to five on average.

Doctors agree, however, that despite potential risks, there are some medical conditions that women cannot leave untreated during pregnancy, because doing so could cause harm to the pregnant woman as well as to the fetus. Doctors must carefully weigh the balance of the risk of harm to the mother and fetus without treatment against the risk of harm to the fetus caused by the medication.

Surgical Checklists Can Prevent Surgical Errors

2011-10-03T12:33:43Z

Five to 10 surgical errors occur daily in the United States. Surgical complications or incidents of error can result in permanent injury, infection, increased medical costs and even death. In 2009, the World Health Organization (WHO) introduced its Surgical Safety Checklist, a patient safety tool that was designed to improve safety and reduce incidence of errors and complications. Since its introduction, scientific evidence has supported the use of checklists as a component of patient care. Earlier this year, an "Annals of Surgery" study supported the implementation of the SURgical PAtient Safety System (SURPASS) checklist.

In the April 2011 edition of the "Annals of Surgery," Dr. Eefje N. de Vries of the Academic Medical Center at the University of Amsterdam, and others, reviewed medical malpractice claim data from 294 insurance claims filed between 2004 and 2005. These researchers found that if the SURPASS checklist have been utilized, 40 percent of deaths and 29 percent of incidents leading to permanent damage could have been prevented.

In another study, Dr. de Vries also evaluated thousands of cases pre- and post-implementation of the checklist. Reviewing data from a number of hospitals from 2007 to 2009, the researchers also confirmed that post implementation, surgical complications dramatically declined.

]]> SURPASS, an 18-page checklist, collects more than just patient data, and covers a process other than just surgery. The comprehensive checklist includes notations of complications, location-specific tasks, medical personnel-specific completion percentages, and questions that cover staff as well as patient interactions. When reviewing claims involving deaths, the researchers found that at least 29 percent of the contributing factors were addressed in the comprehensive tool.

While health care reform has taken a sideline to the national debt, health care costs are still a significant issue. Medical liability costs the nation more than $55 billion annually-2.4 percent of the health care spending.

During the course of evaluating the medical needs of a patient, surgery is generally a last resort. Still, surgery is often the only procedure that can alleviate disabilities, repair injuries and reduce risk of death; however, medical errors can result in complications worse than those the procedures are intended to prevent.

Tens of thousands of Americans die annually as a result of medical errors. Surgical interventions are common medical therapy that can increase risks for medical errors. Medical professionals and facilities can implement protocols, such as SURPASS, that reduce the possibility of human mistakes and control the cost of health care.

More Distractions, More Risks

2011-09-02T12:10:54Z

In 2009, the National Highway Traffic Safety Administration reported that 5,474 Americans lost their lives on our nation's highways as a result of driving distractions. The federal agency indicated that 20 percent of car accidents resulting in injury involved reports of distracted driving and that this percentage represents an estimated 448,000 injuries.

While many states and the federal government has pushed legislation to curtail the problem, the Governor's Highway Safety Association (GHSA) recently announced study findings on this risky driving behavior. The first comprehensive overview for the nonprofit, representing the territorial and state safety offices, considered research from more than 350 scientific papers published between 2000 and 2011 on the issue of distracted driving.

The GHSA study came to many conclusions. While at least one driver was reported to have been distracted in 15 to 25 percent of crashes, the research revealed that the portion of distracted drivers may be higher than what has been reported. The group also found that few countermeasures are in place for distracted drivers on our nation's roads, that distracted driving interferes with driver alertness, and that there is not clear evidence that hands-free phone use is safer than hand-held phone use.

]]> The GHSA makes recommendations to improve highway safety and combat this risky driver behavior. The group calls for employers to develop distracted driving policies and programs, and for the automotive industry to develop, test and implement plans that deal with driver workloads and systems that warn drivers about this risky behavior. Also, the non-profit suggests that the federal government should evaluate the effectiveness of distracted driving programs, track trends, and continue to develop campaigns to address the problem.

While most states have distracted driving laws in place, some advocacy groups do not think that the present measures are enough. Still, others think that the current laws and programs are overkill, given that national traffic fatalities have significantly dropped over the past several years.

While some accidents are beyond human control, many are preventable. Because of this, distracted driving is a real safety issue that must be addressed in order for our roads to be safer.

Frequently Asked Questions about Cerebral Palsy: Causes, Treatment and Claims

2011-08-08T19:53:50Z

Cerebral palsy (CP), a non-progressive neurological condition, affects a person's ability to control muscles and mobility. The condition generally develops by age 2 or 3 and is caused by damage to the brain. Famous authors, activists, and actors are known to have had the condition which, while common, is not readily understood.

There are several types of cerebral palsy: spastic, athetoid or dyskinetic, and ataxic/hypotonic. Given the symptoms of each, a doctor may diagnose a person with one or a mix of types. For those with spastic CP - the most common type and affecting 70 to 80 percent of those diagnosed - muscle stiffness and exaggerated reflexes make movement difficult. The second-most commonly diagnosed form of CP, athetoid, will manifest as weak or tight muscle tone. A person with this form of CP will have normal intelligence, but have difficulties with walking, speech and, at times, controlling facial muscles. Ataxic CP is characterized by involuntary and uncontrolled movements. Lack of muscle controls makes voluntary movement hard. This least-commonly-diagnosed type of the condition affects depth perception and balance.

Causes of CP include problems with brain development in-utero, delivery complications, brain hemorrhages, asphyxiations, jaundice and head trauma. Between 10 to 20 percent of children acquire the condition after birth. This acquired CP can be the result of maternal or neonatal infections, such as bacterial meningitis. Damage in-utero can be linked to a number of maternal issues, including substance abuse, smoking and alcohol consumption.

]]> CP has no cure; however, treatment and early interventions can improve an individual's capability and overall health. Physical and occupational therapy, speech therapy, seizure-controlling medications and surgery are common interventions. Mobility aids and technology can be helpful to sufferers.

Studies have associated prematurity and low Apgar scores to increased risks for CP; however, experts have noted that over the past 20 years, these risks have declined. In order to reduce the risk of this incurable condition, more proactive monitoring of expectant mothers can reduce risks to neonates.

For parents who have children with cerebral palsy, early action and intervention are key. If your child's CP was caused by a physician's negligence, contact an experienced personal injury attorney for more information. A knowledgeable personal injury attorney can assess your case and help you get the compensation you deserve.

Most Expensive Medical Errors for Medical Malpractice Victims

2011-04-04T13:39:43Z

In calculating the 10 most expensive and avoidable medical errors, a Colorado physician, Dr. Barry Bialek, looked at adding the cost of health care to the loss of income to the victim. In doing so, he came up with two categories of medical errors - errors leading to severe brain injury and errors leading to quadriplegia. All medical errors may be ripe for a medical malpractice suit against the at-fault party, however. This list only includes the most expensive medical errors based on the costs incurred by the medical malpractice victim.

Failure to Diagnose the Severity of a Brain Injury May Be a Medical Error

A mother's labor is monitored on a device that records the infant's heartbeat and rate of contractions. Failure to pay attention to the monitor or to recognize an infant in distress can lead to lack of oxygen and hypoxic-ischemic encepholopathy, resulting in severe brain injury to the infant.

]]> A ventriculo-peritoneal (VP) shunt malfunction can lead to brain trauma. A VP is designed to drain excess cerebrospinal fluid to relieve brain pressure that causes seizures. A failure to note symptoms of its malfunction can lead to permanent coma.

Brain trauma can occur during post-operative recovery. After surgery, a patient is typically administered pain medication. The wrong dosage can suppress the respiratory function, causing a lack of oxygen to the brain.

Patients suffering head injuries need to be closely monitored, especially those with severe impacts. Failure to diagnose a hemorrhage and treat it accordingly can lead to a permanent comatose state. Also, an elderly person who falls can easily his or her head without being aware of it. Such individuals need to be closely monitored for signs of severe concussion or hemorrhaging.

A drug called Warfarin is used to prevent clots from forming on the heart's mitral valve, but it can easily be toxic if the dosage and the patient are not closely monitored. Inattention can lead to spontaneous intracranial hemorrhage and severe brain trauma.

A transient ischemic attack (TIA), or "mini stroke," occurs when a blood clot temporarily clogs an artery. A failure to diagnose the symptoms of possible TIA can lead to permanent brain injury.

Medical Errors Can Lead to Quadriplegia

A missed unstable cervical spine fracture as a result of an accident can lead to paralysis. Back complaints need to be properly examined and imaged by X-ray to rule out spinal fractures. Symptoms of tingling and numbness in the limbs could be a spinal epidural abscess, especially after patients suffer post-operative infections that can affect the heart and spread to the spinal canal.

Finally, a physician's failure to note symptoms of unstable angina or to read an EKG can lead to a patient suffering massive myocardial infarction if untreated.

A doctor who commits a medical error that leads to either a brain injury or quadriplegia should be held accountable. The post-injury care, including medical bills and rehabilitative care, can be extremely expensive. Filing a medical malpractice suit against an at-fault doctor may help to pay for some of the costs associated with these expensive medical errors.

Source: Cover MD "Ten Most Expensive Medical Errors in the U.S.," Barry Bialek

Dangerous Cribs Cause Injuries and Death for Infants and Toddlers

2011-02-23T14:53:34Z

A 19-year study released in February found that more than 9,500 infants and toddlers are injured by cribs, bassinets and playpens each year. It's likely that this number is actually quite higher because the study only evaluated the number of children treated for crib injuries in the emergency room, not children who go to their pediatrician or other urgent care doctors.

Based on the study's results, approximately 113 infants are killed by cribs each year. That amounts to 1.2 percent of all children who are injured in crib accidents. Another 4 percent are seriously injured and require hospitalization.

]]> There are many reasons that infants and toddlers are prone to crib injuries. The Consumer Product Safety Commission (CPSC) has recalled many defective cribs that have directly caused serious and fatal suffocation. Last year the CPSC banned drop-side cribs, a dangerous crib with sides that slide down, causing many children to be caught between the side and the crib bottom.

Since 2007, more than 11 million cribs have been recalled as a result of safety deficiencies. If a defective or dangerous crib causes a child's injury, there may be recourse against the crib manufacturer for the harm caused in a product liability suit.

Children are also likely to be injured in falls from the crib. The study reports that two out of every three injuries is caused by a fall from the crib. Unsupervised toddlers are likely to attempt to climb out of the crib without help and they may fall out. Injuries related to a crib fall include broken bones, head injuries and spine injuries.

As a result of the high number of crib injuries and fatalities, there is a push to force manufacturers to alter the design of cribs all together. New mandatory crib standards implemented by the CPSC last December will help to improve the safety of cribs but more needs to be done to prevent these serious and preventable crib injuries.

Source: USA Today (online) "Nearly 10,000 Infants Hurt Each Year in Crib Accidents," Liz Szabo, 2/16/2011

Toyota Pays $10 Million to Settle Tragic Unintended Acceleration Case

2011-02-21T14:19:21Z

Toyota Motor Corporation agreed to pay $10 million to the family of a California state trooper and his three relatives to settle a wrongful-death lawsuit against the company. The crash was one of the first widely-publicized accidents involving sticking floor mats and unintended acceleration with the vehicles, prompting a series of recalls.

Tragic Unintended Acceleration Accident

California Highway Patrol Officer Mark Saylor was driving a Lexus ES 350 sedan loaned to him by Bob Barker Lexus when the car suddenly and uncontrollably accelerated. According to the lawsuit, Saylor was off-duty on a family outing with his wife, their 13-year-old daughter and his brother-in-law when the car unexpectedly accelerated and sped out of control. Saylor applied the brakes but nothing could stop the car.

]]> The car reached 120 mph before hitting another vehicle, smashing through a fence, hitting a berm and flying through the air. It rolled several times and burst into flames on a field in San Diego County. Saylor's brother-in-law, Christopher Lastrella, called 911 from the back seat and told the operator that the accelerator was stuck and the brakes were not working.

San Diego County Sheriff's investigators concluded that the crash was likely caused by a floor mat improperly used in the vehicle. An all-weather rubber floor mat designed for an SUV was placed in the sedan by Bob Barker Lexus, which had loaned the car to Saylor. The accident report also stated that other possible sources of unintended acceleration, such as mechanical or electrical problems, could not be investigated because of the vehicle's extensive damage.

Lawsuits Prompt Policy Change

The crash captured the attention of the media as well as the federal government, and it lead to the recall of over 6.5 million Toyota and Lexus vehicles. The San Diego wrongful-death lawsuit was part of a series of wrongful-death and product-liability lawsuits filed against Toyota Motor Corporation and its subsidiaries, prompting policy change within the company on its response to potential defects.

Producers are required to design and manufacture their products to be safe. In general, if someone dies as a result of another person's negligence or a company's defective product, the victim's family members may sue the at-fault party in a wrongful-death lawsuit. Product-liability issues arise in a wrongful-death lawsuit if it is alleged that the victim died because of some defect in a product, such as cars that accelerate uncontrollably.

If a loved one has been hurt or killed while using a potentially-defective product, promptly contact an attorney experienced in product liability and wrongful death cases to discuss your legal options.

Source: Toyota Settles Suit Over California Crash for $10 Million

Tragic Accident Triggers Change in California Motorcycle Licensing

2011-02-18T13:17:37Z

Friends of a Fair Oaks teen killed in a tragic motorcycle accident have brought about change in California's motorcycle-licensing law. The law helps ensure that teenage motorcyclists have the knowledge and skill to ride safely.

Young Motorcyclist Killed

Eighteen-year-old Jarrad Cole was fatally injured in a motorcycle crash near his home in Fair Oaks, California. He had passed the written exam for a California motorcycle learner's permit, and he and his father, who was an experienced motorcycle rider, together bought a motorcycle for Jarrad.

]]> Jarrad's father drove the motorcycle home and set up orange traffic cones for his son to practice driving in their cul-de-sac street. When the father went into their garage to get more cones, he heard the engine revving and then a thud. The father does not know precisely what happened, but Jarrad suffered a severed chest artery and succumbed to his injuries.

After the accident, Jarrad's younger brother and a friend decided on a high school senior project with an ambitious goal: change the state's motorcycle license law. The two sought assistance from then-Assemblyman Roger Niello and lobbyist Michael Hawkins to improve the state licensing requirements for motorcyclists; they were successful.

California's New Motorcycle License Law

Before January 1, 2011, any person age 15.5 or older could obtain a California motorcycle license simply by passing a written exam. No special training or driving test was required.

Now, new riders under age 21 must attend a 15-hour motorcycle skills and safety class before getting a learner's permit.

With a learner's permit, teenage motorcyclists are allowed to ride on streets but not on freeways. They are also prohibited from riding at night or with passengers. After six months, teenage motorcyclists qualify for a motorcycle license, but drivers under age 18 are still prohibited from riding between 11:00 p.m. and 5:00 a.m. They also may not have passengers under age 20.

The new California motorcycle-licensing law takes important and long-overdue steps to prevent needless motorcycle-accident deaths and increase awareness of motorcycle safety.

Source: Back-Seat Driver: California Toughens Motorcycle License for Teens

"Telemedicine" Replacing House Calls

2011-02-16T14:10:02Z

A trip to the doctor's office can be a real challenge for many people. Those in rural areas may have to drive hours to see their physician. In the winter, road conditions can prevent both patients and doctors from being able to make their appointments. With that in mind, many medical professionals are engaging in the practice of telemedicine.

Telemedicine allows physicians to examine patients using the internet. Services such as Skype, FaceTime or other web video programs permit doctors to actually see patients that they are unable to meet with in person. Patients simply set up a time to meet with their doctor online, and have a quick appointment to discuss any issues they may be having.

]]> Kaiser Permanente's South Bay Medical Center in Harbor City, California, is already piloting this new form of a doctor's appointment. The trial program seeks to address the growing demand for medical services, according to the Los Angeles County Board of Supervisors who approved the program.

Serious Patient Safety Concerns in the Practice of Telemedicine

While this is certainly convenient, the practice has raised some concerns. Doctors do not actually have physical contact with the patient at the time of the examination, and are unable to monitor the patient's vital signs. Items that may need further testing could go undetected until the patient actually visits the doctor in person. Even for patients that a physician has had several opportunities to examine in the past, changes in condition may make these prior examinations ineffective when deciding a new treatment plan.

Also, the technology may not be able to completely guarantee that patients and doctors are on the same page. There may be some sort of unknown malfunction on either end which could cause critical information to be lost. A physician may ask a question which a patient does not hear or does not completely understand, yet he or she answers anyway. This could cause physicians to misdiagnosis the patient's condition and might also lead to medication errors.

The technology also might leave doctors at risk for claims that they violated their patient's privacy if the program they use does not keep medical information secure. Patients need to be informed about the potential for this information to be discovered.

Telemedicine is becoming a more common and accepted method of seeing patients. The number of physicians practicing this way is continually increasing. Both patients and doctors need to be aware of the risks associated with this type of treatment.

Related Resource: Daily Breeze "Kaiser Tests New Version of Doctor's House Calls"

California Nursing Homes Required to Display Federal Quality Ratings

2011-02-14T14:07:04Z

A state law in effect January 1, 2011, requires California nursing homes to publicly display their federal quality-of-care star ratings.

Nursing homes also must post information explaining the ratings and how to get information about the facilities' state licensing records. Nursing homes that fail to post the information may be fined.

]]> Federal Nursing Home Ratings

The federal ratings are issued by the Centers for Medicare and Medicaid Services. After investigation, nursing homes receive up to five stars representing the quality of care they provide. The quality-of-care determination is based on three areas of evaluation:

Health inspections and complaints
The number of staffing hours provided to nursing home residents
How well the staff cares for the residents

The top 10 percent of federally-rated nursing homes receive five stars, reflecting "much above average quality;" the bottom 20 percent receive one star, indicating "quality much below average."

California Nursing Home Ratings

California is the first state to require nursing homes to post their ratings like restaurants display their letter grade for health and safety compliance.

Michael Antonovich, a member of the Los Angeles County Board of Supervisors said the law provides incentives for nursing home operators to establish and maintain high-quality care. In addition, it gives information that will assist families in making informed decisions about nursing-home care for their loved ones, he stated.

Also, the law exposes facilities where nursing home abuse has occurred and helps to avoid wrongful death in nursing homes by ensuring patients and their families are aware of the federal evaluations.

California has 1,235 federally-rated nursing homes, which is more than any other state. In the initial ratings, 195 California nursing homes received one star and 187 nursing homes received five stars.

Source: California Nursing Homes to Begin Posting Federal Star Ratings, Nursing Homes to Display Federal Ratings